Proposal for NOT shackling juveniles in family court proceedings

August 2, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey state Judiciary Juvenile Justice Committee has recommended that juveniles no longer be restrained when they are brought into court and appear in front of a judge. The following is the Committee recommendation report submitted to the rules committee. The concluding recommendation includes a Rule…

What does New Jersey Law Enforcement have to do to get your cell phone records?

August 2, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue:  What does New Jersey Law Enforcement have to do to get your cell phone records?? Do they have to get a warrant signed off by a judge or is a Grand Jury Subpoena enough?   The New Jersey Supreme Court decides law enforcement needs to get…

Police Arrest Prompted by High Beam Usage Rejected – State of New Jersey versus Scriven

July 21, 2016

Published by New Jersey Criminal Lawyer, Jeffrey Hark State v. SCRIVEN Today, after a three year trial and appellate court battle, the New Jersey Supreme Court ruled the police cannot allege a driver improperly used their high-beams if there are no approaching vehicles in the oncoming lanes of traffic in order to effectuate a motor…

State v. Smith New Jersey Appellate Division case July 5, 2016

July 6, 2016

Can a defendant who’s home or property is searched subject to a search warrant challenge the validity of the search warrant issued by a Superior Court Judge? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The US Supreme Court addressed this issue in the matter of Franks v. Delaware, 438 US 154 (1977).  This case…

Detectives Arrest a Voorhees Neurologist and Office Receptionist for Overprescribing Oxycodone – 6/15/16

June 16, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Camden County Prosecutor Mary Eva Colalillo, Gloucester Township Police Chief Harry Earle and Voorhees Police Chief Louis Bordi announced that Dr. William R. Wolfe, M.D., who operated a neurological practice located in Voorhees Township, was arrested in connection with an investigation into the overprescribing of the addictive…

Standard of review for reviewing a trial judge’s decision to suppress evidence based on a warrant last search.

June 14, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. These are the factual issues you have to be aware of when your attorney is at trial and or add a motion to suppress. These are the issues they trial judge looks for and appellate courts review to determine if the trial judge exercise proper discretion. State…

Expungement of Conspiracy to Distribute Controlled Substance – New Jersey

June 12, 2016

In the matter of the expungement of DP Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case there is a very specific question as to whether a prior drug distribution arrest  can be expunged when the final guilty plea was for a 2C: 5–2 conspiracy charge and judgment of conviction reflected that too.…

At least 14 killed during N.J.’s wild and deadly Memorial Day weekend

June 1, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Emergency responders and emergency rooms all over New Jersey were busy this holiday weekend following a spate of shootings, car crashes, falls and people being hit by vehicles. At least 13 people were killed from Friday night through Monday and dozens of others hurt in incidents ranging from…

Juvenile Criminal Record Can Impact Admittance to Adult PTI (Pre Trial Intervention) Program

May 31, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Key to this case: Although a juvenile record is sealed when an individual turns 18, that record can be used by a prosecutors office, trial court, and appellate Court when a defendant is denied entry into the adult PTI program. Facts: In this case the defendant was…

MAN CHARGED IN CAMDEN HOMICIDE – 5/25/16

May 25, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Camden County Prosecutor Mary Eva Colalillo and Camden County Police Chief Scott Thomson announced a Camden man has been arrested and charged in connection with a fatal shooting in the city last week. Lehjye Waring, 24, was charged with first-degree murder of 24-year-old James Rhodes of East…